PreLaw Land

Idaho Murders TikTok Psychic Defamation Case

By Elizabeth Wolnik, George Mason University Class of 2024

April 21, 2024

The legal drama stemming from the Idaho murders has intensified with Ashley Guillard’s unfounded accusations against University of Idaho history professor Rebecca Scofield. Guillard, a TikTok creator and tarot card reader, alleged that Scofield orchestrated the killings to conceal an affair with one of the victims. Despite lacking evidence, Guillard’s claims gained traction online, leading Scofield to file a defamation suit against her.

Scofield maintains her innocence, asserting she was in Portland, Oregon, at the time of the murders and had no connection to the victims. However, Guillard’s persistent accusations have tarnished Scofield’s reputation, sparking online harassment and threats. Guillard, representing herself, denies defamation, insisting her claims are “substantially true.”

The legal battle escalated as Scofield’s attorneys sought dismissal of Guillard’s counterclaims, citing inflammatory remarks and a disregard for truth. Judge Raymond Edward Patricco Jr. dismissed Guillard’s counterclaims and granted Scofield’s motion to quash a summons to her counsel, highlighting the insufficiency of Guillard’s claims.

The case highlights the delicate balance between freedom of speech and the protection of one’s reputation. While defamation laws aim to safeguard individuals from false statements, determining what constitutes defamation can be complex. Guillard’s reliance on “spiritual research” and intuition underscores the challenges in discerning fact from opinion in the digital age.

Ultimately, the outcome of Scofield’s lawsuit against Guillard will have far-reaching implications for online discourse and legal precedent. It serves as a reminder of the importance of responsible communication and the pursuit of truth, both online and within the justice system.

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The Idaho Murders TikTok Psychic Defamation Lawsuit

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Virginia PreLaw Land

Navigating the Seas of Justice: A Comprehensive Summary of Admiralty Law

By Maya Mehta, Seattle University Class of 2025

April 14, 2024

With a rich history rooted in antiquated maritime norms, admiralty law—also referred to as maritime law—has developed into a complete legal system that oversees marine operations. This legal framework protects the rights of those who navigate the waters, controls maritime trade, and settles disputes at sea. Admiralty law is based on fundamental ideas like general average, salvage, and limitation of responsibility. These ideas encourage collaboration, uphold maritime ethics, and give shipowners financial security. U.S. federal courts have exclusive jurisdiction over admiralty issues, and admiralty law functions within a jurisdictional framework that encompasses international oceans and territorial waterways. Admiralty law deals with complicated legal matters in the maritime sector in the current day, such as pirate occurrences, conflicts over marine pollution, and vessel arrests. Admiralty law have to increase and adapt to meet the changing needs of the global marine enterprise in the face of demanding situations together with technical breakthroughs, cybersecurity concerns, the outcomes of climate exchange, and the growth of e-trade. Admiralty regulation maintains criminal norms, advances marine safety, and negotiates the intricacies of the maritime realm thru cooperation, sustainability, and foresight.

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Oceanic Jurisprudence: Unraveling the Depths of Admiralty Law

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Washington PreLaw Land

Texas’ “Senate Bill 4” and the Immigration Chaos That Ensued

By Anika Ponni, Rutgers University–New Brunswick Class of 2026

March 26, 2024

A controversial law is creating chaos in Texas. Senate Bill 4 (SB 4) implements a host of immigration measures that have left migrant communities in shock and fear. For example, it gives the local and state law enforcement personnel the power to stop and question anyone they suspect of illegally inhabiting the country. Additionally, it also empowers local and state officers to arrest and deport undocumented residents to entry ports along the Texas–Mexico border regardless of the country the deported individual is originally from. Although proponents argue that this law will help address border concerns, opponents fear a violation of constitutional rights. The Biden administration in particular has sued the state of Texas on the basis that SB 4 infringes on federal immigration jurisdiction, citing legal precedents.

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Crisis at the Texas Border: Immigration Showdown Unfolds

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New Jersey PreLaw Land

The Law And Ethics of Reality Television

By Elizabeth Wolnik, George Mason University Class of 2024

March 25, 2024

Reality television has become a dominant force in the entertainment industry, constituting more than a quarter of primetime broadcast programming by 2009. Unlike scripted shows, reality TV relies on a blend of spontaneous reactions and carefully crafted narratives by producers, writers, and editors. While viewers seek authenticity, participants often endure harsh realities behind the scenes. Shows like Survivor and Love Island exploit vulnerabilities for entertainment, yet contestants lack union representation and basic workplace protections. Forced to sign nondisclosure agreements with severe penalties, contestants face grueling schedules and coercive tactics to elicit dramatic behavior. Crew members, treated as contract workers with minimal benefits, also endure toxic work environments.

Recent scandals, particularly on shows like Love is Blind, have shed light on the industry’s dark side. Former contestants, like Briana Holmes and Jeremy Hartwell, have filed lawsuits alleging labor violations and unsafe working conditions. Similarly, Renee Poche’s legal battle challenges the exploitative contracts prevalent in reality TV. In response, calls for unionization led by figures like Bethenny Frankel have gained momentum, demanding fair pay, residuals, and improved working conditions.

Organizations like SAG-AFTRA and the WGA have offered support, suggesting avenues for collective bargaining and advocating for better protections. However, the path to unionization faces challenges, with production companies potentially resisting negotiations. Nonetheless, the increase in lawsuits signals a potential shift in contract terms and industry standards.

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The Legal and Ethical Dilemmas of Reality Television

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Virginia PreLaw Land

The Law Of Federal Baseball Club v. National League 

By Catherine Kavalauskas, University of California Davis Class of 2026

March 19, 2024

Federal Baseball Club v. National League is a Supreme Court case that distinguishes the establishment of sports within the Sherman Antitrust Act. The Sherman Antitrust Act aims to protect the process of competition between businesses, ensuring the incentives for businesses to operate, and maintain low prices with high quality efficiently. However, the act ultimately leaves the courts to decide what business practices are illegal (based on the facts of the case). Therefore, the corporations or businesses that the act applies to may remain unclear, this is exemplified through the Federal Baseball Club v. National League.  

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Federal Baseball Club v. National League

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California PreLaw Land

The Law Of Engel v. Vitale

By Catherine Kavalauskas, University of California Davis Class of 2026

March 6, 2024

Engel v. Vitale is a Supreme Court Case that took place in 1962. The case was based in response to a New York State Law, questioning the constitutionality of whether the school-sponsored nondenominational prayer violates the First Amendment. This case highlights the importance of the separation of church and state as the United States is composed of citizens who are diverse in their religious beliefs. Therefore, as a country that prides itself on the individual liberties and freedoms of its citizens, the U.S. should maintain this separation of church and state. Additionally, limitations must be established and maintained that limit the U.S. government’s affairs within their citizens’ religious lives.  

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Engel v. Vitale

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California PreLaw Land

The Law Of Mann V. Steyvn

By Catherine Kavalauskas, University of California Davis Class of 2026

February 18, 2024

Mann v. Steyvn has been described to be the trial of the century. Michael Mann, a climate scientist, was recently awarded $1 million in a defamation lawsuit. The suit was filed against two conservative writers who publicly challenged and compared his published works on climate change to a former football coach at Penn State who was found guilty of child molestation. Moreover, this case has a significant impact on the world of science as it emphasizes the importance of protecting scientists who dedicate their life to the advancement of scientific research on the topic of climate change.  

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Mann v. Steyvn

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California PreLaw Land

Demystifying Personal Injury Law: Navigating Cases, Understanding Processes, and Pursuing Justice

By Maya Mehta, Seattle University Class of 2025

February 11, 2024

Personal injury law, also known as tort law, encompasses a wide range of cases where individuals seek compensation for harm caused by another’s wrongful actions. The primary goal is accountability and financial restitution for the injured party. Key elements in a personal injury case include establishing duty of care, breach of duty, causation, and damages. Automobile accidents, slip-and-fall events, medical negligence, and product liability are common personal injury lawsuits. Motor vehicle accidents often result from negligent driving, while slip-and-fall cases hinge on property owners maintaining safe premises. Medical malpractice arises when healthcare providers breach their duty of care, and product liability involves injuries caused by defective products. The legal process in personal injury cases includes consultation with an attorney, filing a lawsuit, discovery, settlement negotiations, and potentially, a trial. Settlements offer a quicker resolution, while trials involve presenting evidence to a judge and jury. The discovery phase is crucial for gathering evidence and understanding case strengths and weaknesses. Navigating personal injury law requires diligence, expertise, and commitment to justice. With the guidance of experienced attorneys and a comprehensive understanding of legal processes, individuals can strive for fair and just outcomes in their pursuit of restitution.

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Navigating the Maze of Personal Injury Law: A Comprehensive Guide

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Washington PreLaw Land

The Law Of RICO

By Elizabeth Wolnik, George Mason University Class of 2024

February 10, 2024

In August 2023, Rudy Giuliani and 18 others, including Donald Trump, faced charges under Georgia’s RICO law for an alleged conspiracy to overturn the 2020 presidential election. Giuliani, a former U.S. attorney and proponent of the RICO Act, claimed credit for its use against the mafia, but its drafting was attributed to Notre Dame law professor G. Robert Blakey.

The historical backdrop reveals organized crime’s roots during Prohibition, evolving from small-scale extortion to lucrative illegal alcohol operations led by figures like Al Capone. Post-Prohibition, criminal enterprises shifted to drug trafficking, loan-sharking, and infiltrating businesses. The government’s awareness of these activities didn’t translate into effective counteraction due to corruption and intimidation.

The irony of Giuliani, a RICO endorser, facing 13 related charges is evident. The RICO Act, enacted in 1970, was groundbreaking for tying seemingly unrelated crimes into racketeering patterns, providing harsh penalties, and addressing organized crime’s infiltration into labor unions.

Before RICO, prosecutors could only address mob-related crimes individually. Now, it is applied broadly to combat various forms of organized crime, including street gangs, corrupt police, and politicians. Civil parties can also use RICO against illegal enterprises, seeking compensation if successful.

In criminal RICO cases, prosecutors must follow strict guidelines, requiring a pattern of racketeering activity connected to an enterprise with at least two predicate offenses within ten years. The law allows for prison terms of up to 20 years, severe financial penalties, and asset freezes.

As Giuliani’s legal proceedings unfold, the case serves as a reminder of RICO’s adaptability in addressing complex challenges posed by organized criminal activities, showcasing its evolution from targeting the mafia to broader applications in contemporary legal contexts.

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The RICO Act and Organized Crime

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Virginia PreLaw Land

The Law Of Google V. Gonzalez

By Catherine Kavalauskas, University of California Davis Class of 2026

February 9, 2024

Google v. Gonzalez is a Supreme Court decision that was decided before the Supreme Court on May 18, 2023. Moreover, the ruling questioned whether sites, such as Google, lose immunity that is guaranteed by Section 230 of the Communications Decency Act when they promote content to their users. Section 230 of the Communications Decency Act provides limited immunity from legal liability to websites for the content produced by their users. The case was sparked from the murder of a 23-year-old named, Nohemi Gonzalez, who was killed in 2015 in Paris, France. Her death was the result of coordinated attacks across Paris by ISIS. The 23-year-old parents felt that Google was second-hand responsible for their daughter’s death. They alleged that ISIS used Google’s platforms to carry out its goal of physical, emotional, and psychological trauma. Moreover, this case discusses Google v. Gonzalez and the importance of Section 230 of the Communications Decency Act.  

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Google V. Gonzalez

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California PreLaw Land